[joesbucks #573] Google, Yahoo, Duck-Duck Go, MSN and Dogpile are your friend. However, when did Trump transmit to the Archives the files he planned to make personal? I’ve searched & searched and just can’t find it.
[joesbucks #579] As you noted yesterday, Judge Cannon has laid the foundation on proceeding. Missing is Trump’s transmission to the Archives as to what was to be personal and presidential.
There appears to be no cure for stupid.
Judge Cannon: An outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.
ALL the records categorized as Presidential became the responsibility of the Archivist the instant Trump left office at noon on inauguration day. All the records filed separately as Personal records were forwarded by the government to Trump's residence. What Trump excluded from the records left for the Archivist constitutes a president's categorization of those excluded records as Personal under the Presidential Records Act. Google, Yahoo, Duck-Duck Go, MSN and Dogpile evidently did not teach you reading comprehension.
If you simply read what I posted or watched the short video of attorney Robert Gouveia at #577 you would not be making a fool of yourself prattling on and on about Trump's transmission to the archives. The President does not transmit anything to the Archives.
Also, if you are going to prattle on about the Presidential Records Act, try reading the damn thing.
"(f) (1) Upon the conclusion of a President's term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President. The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this Act."(2) The Archivist shall deposit all such Presidential records in a Presidential archival depository or another archival facility operated by the United States. The Archivist is authorized to designate, after consultation with the former President, a director at each depository or facility, who shall be responsible for the care and preservation of such records.
Once you figure out that as soon as the President leaves office, the Presidential records are the responsibility of the Archivist, you can stop yammering about what President Trump did with them.
Whatever the President files separately is his personal records. The Archivist does not have a say in what the President designates as personal.
[joesbucks #579] Additionally In a prosecution of a former president (1) for allegedly retaining documents in violation of 18 U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in his/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act.
That is proposed jury instruction one of two. If the current case moves forward, the prosecution must make all of the documents available to the jury for review. It would be a prosecution of a President after he left office for an alleged offense he could only have committed after he left office. A President can be prosecuted for acts committed after he leaves office. Perhaps you believe Presidents acquire lifetime immunity upon inauguration.
I would not be gullible that I would send anything important to the NRA either. Good explanation of Cannon’s instructions.
But you keep leaving out the notification element. If it’s as you claim, Cannon should dismiss the charges. A dismissal may occur at any time during a criminal case prior to a verdict by a jury or judge. The Judge may dismiss the case for legal or factual reasons, or the prosecutor may realize they just can’t prove the case and dismiss it. Should the prosecutor file charges but a judge determines insufficient evidence at the preliminary hearing, the judge may dismiss the charges. Judges cannot drop charges, but they can dismiss them. So why hasn’t she if it’s so clear cut?